Phi Air Medical, L.L.C. v. Holskey (In re Holskey)

(Bankr. W.D. Ky. Feb. 16, 2016)

The bankruptcy court finds the debt non-dischargeable under § 523(a)(4) and (6). The debtor’s minor son was transported by helicopter to a hospital after an injury. The transport company billed the debtor’s insurance company, and the insurance company sent the reimbursement check to the debtor for transfer to the transport company. The debtor used the funds for other purposes. The court finds the debtor’s explanations inconsistent and holds that the facts support a finding that the debt is based on embezzlement and/or larceny and that the debtor caused a willful and malicious injury to the creditor. Opinion below.

2016-02-16 – In re holskey

Author: Matt Lindblom